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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense

The battle between NASA and Blue Origin over SpaceX's HLS Starship Moon lander continues. (SpaceX/Blue Origin)

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For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.

After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.

While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.

For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.

As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.

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The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.

All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.

Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).

Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla teases new market entrance with confusing and cryptic message

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(Credit: Tesla)

Tesla teased its entrance into a new market with a confusing and what appeared to be cryptic message on the social media platform X.

The company has been teasing its entrance into several markets, including Africa, which would be a first, and South America, where it only operates in Chile.

In September, Tesla started creating active job postings for the Colombian market, hinting it would expand its presence in South America and launch in a new country for the first time in two years.

Tesla job postings seem to show next surprise market entry

The jobs were related to various roles, including Associate Sales Manager, Advisors in Sales and Delivery, and Service Technicians. These are all roles that would indicate Tesla is planning to launch a wide-scale effort to sell, manage, and repair vehicles in the market.

Last night, Tesla posted its latest hint, a cryptic video that seems to show the outline of Colombia, teasing its closer than ever to market entry:

This would be the next expansion into a continent where it does not have much of a presence for Tesla. Currently, there are only two Supercharger locations on the entire continent, and they’re both in Chile.

Tesla will obviously need to expand upon this crucial part of the ownership experience to enable a more confident consumer base in South America as a whole. However, it is not impossible, as many other EV charging infrastructures are available, and home charging is always a suitable option for those who have access to it.

Surprisingly, Tesla seems to be more concerned about these middle-market countries as opposed to the larger markets in South America, but that could be by design.

If Tesla were to launch in Brazil initially, it may not be able to handle the uptick in demand, and infrastructure expansion could be more difficult. Brazil may be on its list in the upcoming years, but not as of right now.

@teslarati 🚨🚨 Tesla Full Self-Driving and Yap is the best driving experience #tesla #fsd #yapping ♬ I Run – HAVEN.

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Tesla expands crucial Supercharging feature for easier access

It is a useful tool, especially during hours of congestion. However, it has not been super effective for those who drive non-Tesla EVs, as other OEMs use UI platforms like Google’s Android Auto or Apple’s iOS.

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tesla supercharger
Credit: Tesla

Tesla has expanded a crucial Supercharging feature that helps owners identify stall availability at nearby locations.

Tesla said on Tuesday night that its “Live Availability” feature, which shows EV owners how many stalls are available at a Supercharger station, to Google Maps, a third-party app:

Already offering it in its own vehicles, the Live Availability feature that Teslas have is a helpful feature that helps you choose an appropriate station with plugs that are immediately available.

A number on an icon where the Supercharger is located lets EV drivers know how many stalls are available.

It is a useful tool, especially during hours of congestion. However, it has not been super effective for those who drive non-Tesla EVs, as other OEMs use UI platforms like Google’s Android Auto or Apple’s iOS.

Essentially, when those drivers needed to charge at a Supercharger that enables non-Tesla EVs to plug in, there was a bit more of a gamble. There was no guarantee that a plug would be available, and with no way to see how many are open, it was a risk.

Tesla adding this feature allows people to have a more convenient and easier-to-use experience if they are in a non-Tesla EV. With the already expansive Supercharger Network being available to so many EV owners, there is more congestion than ever.

This new feature makes the entire experience better for all owners, especially as there is more transparency regarding the availability of plugs at Supercharger stalls.

It will be interesting to see if Tesla is able to expand on this new move, as Apple Maps compatibility is an obvious goal of the company’s in the future, we could imagine. In fact, this is one of the first times an Android Auto feature is available to those owners before it became an option for iOS users.

Apple owners tend to get priority with new features within the Tesla App itself.

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Elon Musk’s Boring Co goes extra hard in Nashville with first rock-crushing TBM

The Boring Company’s machine for the project is now in final testing.

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Credit: The Boring Company/X

The Boring Company is gearing up to tackle one of its toughest projects yet, a new tunnel system beneath Nashville’s notoriously tough limestone terrain. Unlike the soft-soil conditions of Las Vegas and Austin, the Music City Loop will require a “hard-rock” boring machine capable of drilling through dense, erosion-resistant bedrock. 

The Boring Company’s machine for the project is now in final testing.

A boring hard-rock tunneling machine

The Boring Company revealed on X that its new hard-rock TBM can generate up to 4 million pounds of grip force and 1.5 million pounds of maximum thrust load. It also features a 15-filter dust removal system designed to keep operations clean and efficient during excavation even in places where hard rock is present.

Previous Boring Co. projects, including its Loop tunnels in Las Vegas, Austin, and Bastrop, were dug primarily through soft soils. Nashville’s geology, however, poses a different challenge. Boring Company CEO and President Steve Davis mentioned this challenge during the project’s announcement in late July.

“It’s a tough place to tunnel, Nashville. If we were optimizing for the easiest places to tunnel, it would not be here. You have extremely hard rock, like way harder than it should be. It’s an engineering problem that’s fairly easy and straightforward to solve,” Davis said.

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Nashville’s limestone terrain

Experts have stated that the city’s subsurface conditions make it one of the more complex tunneling environments in the U.S. The Outer Nashville Basin is composed of cherty Mississippian-age limestone, a strong yet soluble rock that can dissolve over time, creating underground voids and caves, as noted in a report from The Tennessean.

Jakob Walter, the founder and principal engineer of Haushepherd, shared his thoughts on these challenges. “Limestone is generally a stable sedimentary bedrock material with strength parameters that are favorable for tunneling. Limestone is however fairly soluble when compared to other rack materials, and can dissolve over long periods of time when exposed to water. 

“Unexpected encounters with these features while tunneling can result in significant construction delays and potential instability of the excavation. In urban locations, structures at the ground surface should also be constantly monitored with robotic total stations or similar surveying equipment to identify any early signs of movement or distress,” he said.

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